[HISTORY: Adopted by the Board of Trustees of the Village
of Westville 7-22-2014 by Ord.
No. 14-1447 (Ch. 25, Art. II, of the 2015 Code).
Amendments noted where applicable.]
(65 ILCS 5/11-20-6 and 5/11-20-7)
As used in this chapter, the following terms shall have the
meanings indicated:
Includes, but shall not be limited to, the following: burdock,
ragweed (giant), ragweed (common), thistle, cocklebur, jimson, blue
vervain, wild carrot, poison ivy, wild mustard, rough pigweed, lambsquarter,
wild lettuce, curled dock, smartweeds (all varieties), poison hemlock,
wild hemp, johnson grass, grass and all other noxious weeds as defined
by the statutes of the State of Illinois.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
It shall be unlawful for anyone to permit any weeds, grass,
or plants, other than trees, bushes, flowers or other ornamental plants,
to grow to a height exceeding eight inches anywhere in the Village.
Any such weeds, grass or plants exceeding such height are hereby declared
to be a nuisance.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
For a first offense, the Police Department, or any other person
so designated by the Mayor, may issue a written notice for removal
of weeds, grass or plants without a charge. Such weeds, grass or plants
shall be cut by the owner or occupant within five days after such
notice has been duly served. For any subsequent offense at the same
property location, the Police Department, or any other person so designated
by the Mayor, may issue a written notice for removal of weeds, grass
or plants and the violator will be charged an administrative fee of
$150 for each subsequent notice. Such weeds, grass or plants shall
be cut by the owner or occupant within five days after such notice
has been duly served.
Service of the notice provided for herein may be effected by
handing the same to the owner, occupant or lessee of the premises,
or to any member of his household of the age of 15 years or older
found on the premises or by mailing such notice to the last known
residence address of the owner; provided that if the premises are
unoccupied and the owner's address cannot be obtained, then the notice
may be served by posting the same upon the premises.
If the person so served does not abate the nuisance within five
days, the Police Chief or a designated representative may proceed
to abate such nuisance, keeping an account of the expense of the abatement,
and such expense shall be charged and paid by such owner or occupant
in addition to any administrative fee or fine charged.
Charges for such weed or grass removal, including administrative
fees and any fines, shall be a lien upon the premises. A bill representing
the cost and expense incurred or payable for the service shall be
presented to the owner. If this bill is not paid within 30 days of
submission of the bill, a notice of lien of the cost and expenses
thereof incurred by the Village shall be recorded in the following
manner:
A.
A description of the real estate sufficient for identification thereof.
B.
The amount of money representing the cost and expense incurred or
payable for the service.
C.
The date or dates when said cost and expense was incurred by the
Village, which shall be filed within 60 days after the cost and expense
is incurred.
Notice of such lien claim shall be mailed to the owner of the
premises if his address is known. Upon payment of the cost and expense
after notice of lien has been filed, the lien shall be released by
the Village or person in whose name the lien has been filed and the
release shall be filed of record in the same manner as filing notice
of the lien. All lien and release filing fees and attorney fees shall
be paid by the owner of the property.
Property subject to a lien for unpaid weed cutting charges shall
be sold for nonpayment of the same, and the proceeds of such sale
shall be applied to pay the charges after deducting costs, as is the
case in the foreclosure of statutory liens. Such foreclosure shall
be in the name of the Village after the lien is in effect for 60 days.
In addition to the penalties and fees above and all other remedies
available to the Village at law or in equity, any person or entity
that violates or fails to comply with this chapter shall be fined
not less than $50 and not more than $750 for each offense. A separate
offense shall be deemed committed each day during or on which a violation
or noncompliance occurs or continues.
Proceedings to enforce violations of this chapter may be initiated
and conducted in accordance with and pursuant to the provisions of
the Village ordinances providing for administrative adjudication of
Code violations[1] or by any other means provided by law.
